Summary

Linde Inc. ("Plaintiff') brings this action against RusChemAlliance, LLC ("RCA"), Gazprom PJSC, Gazprom Export LLC, and Gazprom Helium Services, LLC (collectively "Defendants") for the seizure of property valued at approximately $5 million USD, seeking redress for the financial and operational harm suffered as a result of the seizure. Plaintiff asserts subject matter jurisdiction under 28 U.S.C. 1330 (a), which reads "The district courts shall have original jurisdiction without regard to amount in controversy of any nonjury civil action against a foreign state as defined in section 1603(a) of this title as to any claim for relief in personam with respect to which the foreign state is not entitled to immunity either under sections 1605-1607 of this title or under any applicable international agreement." Defendant RCA moves to dismiss under Rule 12(b)(1) of the Federal Rules of Civil Procedure for lack of subject matter jurisdiction, claiming that it is not a foreign state, as defined under the FSIA. In the alternative, RCA argues that if it is a foreign state, it is immune from suit because the exceptions to immunity under the FSIA do not apply.

Because the Court finds that Plaintiff fails to adequately allege that RCA is a foreign state, Defendant's motion is GRANTED.